Marginal note:Definitions

• 25.1 (1) The following definitions apply in this section and sections 25.2 to 25.4.

  “competent authority”

  « autorité compétente »

  “competent authority” means, with respect to a public officer or a senior official,

  • (a) in the case of a member of the Royal Canadian Mounted Police, the Solicitor General of Canada, personally;

  • (b) in the case of a member of a police service constituted under the laws of a province, the Minister responsible for policing in the province, personally; and

  • (c) in the case of any other public officer or senior official, the Minister who has responsibility for the Act of Parliament that the officer or official has the power to enforce, personally.

  “public officer”

  « fonctionnaire public »

  “public officer” means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament.

  “senior official”

  « fonctionnaire supérieur »

  “senior official” means a senior official who is responsible for law enforcement and who is designated under subsection (5).

• Marginal note:Principle

  (2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences.

• Marginal note:Designation of public officers

  (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4.

• Marginal note:Condition — civilian oversight

  (3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer’s conduct.

• Marginal note:Declaration as evidence

  (3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection.

• Marginal note:Considerations

  (4) The competent authority shall make designations under subsection (3) on the advice of a senior official and shall consider the nature of the duties performed by the public officer in relation to law enforcement generally, rather than in relation to any particular investigation or enforcement activity.

• Marginal note:Designation of senior officials

  (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4.

• Marginal note:Emergency designation

  (6) A senior official may designate a public officer for the purposes of this section and sections 25.2 to 25.4 for a period of not more than 48 hours if the senior official is of the opinion that

  • (a) by reason of exigent circumstances, it is not feasible for the competent authority to designate a public officer under subsection (3); and

  • (b) in the circumstances of the case, the public officer would be justified in committing an act or omission that would otherwise constitute an offence.

  The senior official shall without delay notify the competent authority of the designation.

• Marginal note:Conditions

  (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting

  • (a) the duration of the designation;

  • (b) the nature of the conduct in the investigation of which a public officer may be justified in committing, or directing another person to commit, acts or omissions that would otherwise constitute an offence; and

  • (c) the acts or omissions that would otherwise constitute an offence and that a public officer may be justified in committing or directing another person to commit.

• Marginal note:Justification for acts or omissions

  (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer

  • (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity;

  • (b) is designated under subsection (3) or (6); and

  • (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties.

• Marginal note:Requirements for certain acts

  (9) No public officer is justified in committing an act or omission that would otherwise constitute an offence and that would be likely to result in loss of or serious damage to property, or in directing the commission of an act or omission under subsection (10), unless, in addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she

  • (a) is personally authorized in writing to commit the act or omission — or direct its commission — by a senior official who believes on reasonable grounds that committing the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties; or

  • (b) believes on reasonable grounds that the grounds for obtaining an authorization under paragraph (a) exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

    • (i) preserve the life or safety of any person,

    • (ii) prevent the compromise of the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer, or

    • (iii) prevent the imminent loss or destruction of evidence of an indictable offence.

• Marginal note:Person acting at direction of public officer

  (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if

  • (a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and

  • (b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer’s law enforcement duties.

• Marginal note:Limitation

  (11) Nothing in this section justifies

  • (a) the intentional or criminally negligent causing of death or bodily harm to another person;

  • (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or

  • (c) conduct that would violate the sexual integrity of an individual.

• Marginal note:Protection, defences and immunities unaffected

  (12) Nothing in this section affects the protection, defences and immunities of peace officers and other persons recognized under the law of Canada.

• Marginal note:Compliance with requirements

  (13) Nothing in this section relieves a public officer of criminal liability for failing to comply with any other requirements that govern the collection of evidence.

• Marginal note:Exception: offences under Controlled Drugs and Substances Act

  (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it.

Marginal note:Public officer to file report

25.2 Every public officer who commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b) shall, as soon as is feasible after the commission of the act or omission, file a written report with the appropriate senior official describing the act or omission.

Marginal note:Annual report

• 25.3 (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority,

  • (a) the number of designations made under subsection 25.1(6) by the senior officials;

  • (b) the number of authorizations made under paragraph 25.1(9)(a) by the senior officials;

  • (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by the public officers;

  • (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and

  • (e) the nature of the acts or omissions committed under the designations referred to in paragraph (a), under the authorizations referred to in paragraph (b) and in the manner described in paragraph (c).

• Marginal note:Limitation

  (2) The annual report shall not contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

  • (c) endanger the life or safety of any person;

  • (d) prejudice a legal proceeding; or

  • (e) otherwise be contrary to the public interest.

Marginal note:Written notification to be given

• 25.4 (1) When a public officer commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b), the senior official with whom the public officer files a written report under section 25.2 shall, as soon as is feasible after the report is filed, and no later than one year after the commission of the act or omission, notify in writing any person whose property was lost or seriously damaged as a result of the act or omission.

• Marginal note:Limitation

  (2) The competent authority may authorize the senior official not to notify the person under subsection (1) until the competent authority is of the opinion that notification would not

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

  • (c) endanger the life or safety of any person;

  • (d) prejudice a legal proceeding; or

  • (e) otherwise be contrary to the public interest.

• Marginal note:Possession liée aux activités d’une organisation criminelle

  (2) Quiconque, sans excuse légitime, dont la preuve lui incombe, fabrique ou a en sa possession ou sous sa garde ou son contrôle une substance explosive au profit ou sous la direction d’une organisation criminelle, ou en association avec elle, est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

“offence”

« infraction »

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

• (a) any of the following provisions of this Act, namely,

  • (i) section 47 (high treason),

  • (ii) section 51 (intimidating Parliament or a legislature),

  • (iii) section 52 (sabotage),

  • (iv) section 57 (forgery, etc.),

  • (v) section 61 (sedition),

  • (vi) section 76 (hijacking),

  • (vii) section 77 (endangering safety of aircraft or airport),

  • (viii) section 78 (offensive weapons, etc., on aircraft),

  • (ix) section 78.1 (offences against maritime navigation or fixed platforms),

  • (x) section 80 (breach of duty),

  • (xi) section 81 (using explosives),

  • (xii) section 82 (possessing explosives),

  • (xiii) section 96 (possession of weapon obtained by commission of offence),

  • (xiv) section 99 (weapons trafficking),

  • (xv) section 100 (possession for purpose of weapons trafficking),

  • (xvi) section 102 (making automatic firearm),

  • (xvii) section 103 (importing or exporting knowing it is unauthorized),

  • (xviii) section 104 (unauthorized importing or exporting),

  • (xix) section 119 (bribery, etc.),

  • (xx) section 120 (bribery, etc.),

  • (xxi) section 121 (fraud on government),

  • (xxii) section 122 (breach of trust),

  • (xxiii) section 123 (municipal corruption),

  • (xxiv) section 132 (perjury),

  • (xxv) section 139 (obstructing justice),

  • (xxvi) section 144 (prison breach),

  • (xxvii) subsection 145(1) (escape, etc.),

  • (xxviii) paragraph 163(1)(a) (obscene materials),

  • (xxix) section 163.1 (child pornography),

  • (xxx) section 184 (unlawful interception),

  • (xxxi) section 191 (possession of intercepting device),

  • (xxxii) subsection 201(1) (keeping gaming or betting house),

  • (xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

  • (xxxiv) subsection 210(1) (keeping common bawdy house),

  • (xxxv) subsection 212(1) (procuring),

  • (xxxvi) subsection 212(2) (procuring),

  • (xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

  • (xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),

  • (xxxix) section 235 (murder),

  • (xl) section 264.1 (uttering threats),

  • (xli) section 267 (assault with a weapon or causing bodily harm),

  • (xlii) section 268 (aggravated assault),

  • (xliii) section 269 (unlawfully causing bodily harm),

  • (xliv) section 271 (sexual assault),

  • (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

  • (xlvi) section 273 (aggravated sexual assault),

  • (xlvii) section 279 (kidnapping),

  • (xlviii) section 279.1 (hostage taking),

  • (xlix) section 280 (abduction of person under sixteen),

  • (l) section 281 (abduction of person under fourteen),

  • (li) section 282 (abduction in contravention of custody order),

  • (lii) section 283 (abduction),

  • (liii) section 318 (advocating genocide),

  • (liv) section 327 (possession of device to obtain telecommunication facility or service),

  • (lv) section 334 (theft),

  • (lvi) section 342 (theft, forgery, etc., of credit card),

  • (lvii) section 342.1 (unauthorized use of computer),

  • (lviii) section 342.2 (possession of device to obtain computer service),

  • (lix) section 344 (robbery),

  • (lx) section 346 (extortion),

  • (lxi) section 347 (criminal interest rate),

  • (lxii) section 348 (breaking and entering),

  • (lxiii) section 354 (possession of property obtained by crime),

  • (lxiv) section 356 (theft from mail),

  • (lxv) section 367 (forgery),

  • (lxvi) section 368 (uttering forged document),

  • (lxvii) section 372 (false messages),

  • (lxviii) section 380 (fraud),

  • (lxix) section 381 (using mails to defraud),

  • (lxx) section 382 (fraudulent manipulation of stock exchange transactions),

  • (lxxi) section 423.1 (intimidation of justice system participant or journalist),

  • (lxxii) section 424 (threat to commit offences against internationally protected person),

  • (lxxiii) section 426 (secret commissions),

  • (lxxiv) section 430 (mischief),

  • (lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

  • (lxxvi) section 433 (arson),

  • (lxxvii) section 434 (arson),

  • (lxxviii) section 434.1 (arson),

  • (lxxix) section 435 (arson for fraudulent purpose),

  • (lxxx) section 449 (making counterfeit money),

  • (lxxxi) section 450 (possession, etc., of counterfeit money),

  • (lxxxii) section 452 (uttering, etc., counterfeit money),

  • (lxxxiii) section 462.31 (laundering proceeds of crime),

  • (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),

  • (lxxxv) section 467.11 (participation in criminal organization),

  • (lxxxvi) section 467.12 (commission of offence for criminal organization), or

  • (lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

• (b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

• (c) any of the following provisions of the Competition Act, namely,

  • (i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,

  • (ii) section 47 (bid-rigging), or

  • (iii) subsection 52.1(3) (deceptive telemarketing),

• (d) any of the following provisions of the Controlled Drugs and Substances Act, namely,

  • (i) section 5 (trafficking),

  • (ii) section 6 (importing and exporting), or

  • (iii) section 7 (production),

• (e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

• (e.1) the Crimes Against Humanity and War Crimes Act,

• (f) any of the following provisions of the Customs Act, namely,

  • (i) section 153 (false statements), or

  • (ii) section 159 (smuggling),

• (g) any of the following provisions of the Excise Act, namely,

  • (i) section 158 (unlawful distillation of spirits),

  • (ii) section 163 (unlawful selling of spirits),

  • (iii) subsection 233(1) (unlawful packaging or stamping), or

  • (iv) subsection 240(1) (unlawful possession or sale of manufactured tobacco or cigars),

• (h) any of the following provisions of the Export and Import Permits Act, namely,

  • (i) section 13 (export or attempt to export),

  • (ii) section 14 (import or attempt to import),

  • (iii) section 15 (diversion, etc.),

  • (iv) section 16 (no transfer of permits),

  • (v) section 17 (false information), or

  • (vi) section 18 (aiding and abetting),

• (i) any of the following provisions of the Immigration Act, namely,

  • (i) section 94.1 (organizing entry into Canada),

  • (ii) section 94.2 (organizing entry into Canada),

  • (iii) section 94.4 (disembarking persons at sea), or

  • (iv) section 94.5 (counselling false statements), or

• (j) section 3 (spying) of the Official Secrets Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence;

• Marginal note:Exception for criminal organization

  (1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

  • (a) an offence under section 467.11, 467.12 or 467.13; or

  • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.

• Marginal note:Exception for criminal organization

  (1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

  • (a) an offence under section 467.11, 467.12 or 467.13; or

  • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.

Marginal note:Time limitation in relation to criminal organizations

186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

• (a) an offence under section 467.11, 467.12 or 467.13; or

• (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.

• Marginal note:Exception for criminal organization

  (5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

  • (a) an offence under section 467.11, 467.12 or 467.13, or

  • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization,

  and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

Marginal note:Intimidation

• 423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

  • (a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;

  • (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

  • (c) persistently follows that person;

  • (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

  • (e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

  • (f) besets or watches the place where that person resides, works, carries on business or happens to be; or

  • (g) blocks or obstructs a highway.

Marginal note:Intimidation of a justice system participant or a journalist

• 423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in

  • (a) a group of persons or the general public in order to impede the administration of criminal justice;

  • (b) a justice system participant in order to impede him or her in the performance of his or her duties; or

  • (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

• Marginal note:Prohibited conduct

  (2) The conduct referred to in subsection (1) consists of

  • (a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;

  • (b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;

  • (c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;

  • (d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and

  • (e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.

• Marginal note:Punishment

  (3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.

• (a) the commission in Canada of a designated offence; or

• (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

Marginal note:Management order

• 462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, where a judge is of the opinion that the circumstances so require, the judge may

  • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (2) When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (3) The power to manage or otherwise deal with property under subsection (1) includes

  • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

• Marginal note:Notice

  (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (6) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

• Marginal note:Order

  (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

• Marginal note:When management order ceases to have effect

  (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

• Marginal note:Application to vary conditions

  (9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

Marginal note:Forwarding to clerk where accused to stand trial

462.36 Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.

Marginal note:Order of forfeiture of property on conviction

• 462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

• Marginal note:Proceeds of crime derived from other offences

  (2) Where the evidence does not establish to the satisfaction of the court that the designated offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

• Marginal note:Property outside Canada

  (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:Inference

462.39 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.

• Marginal note:Property outside Canada

  (2) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:No civil or criminal liability incurred by informants

462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.

Marginal note:Definitions

• 467.1 (1) The following definitions apply in this Act.

  “criminal organization”

  « organisation criminelle »

  “criminal organization” means a group, however organized, that

  • (a) is composed of three or more persons in or outside Canada; and

  • (b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

  It does not include a group of persons that forms randomly for the immediate commission of a single offence.

  “serious offence”

  « infraction grave »

  “serious offence” means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.

• Marginal note:Facilitation

  (2) For the purposes of this section and section 467.11, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

• Marginal note:Commission of offence

  (3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations prescribing offences that are included in the definition “serious offence” in subsection (1).

Marginal note:Participation in activities of criminal organization

• 467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Marginal note:Prosecution

  (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

  • (a) the criminal organization actually facilitated or committed an indictable offence;

  • (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

  • (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

  • (d) the accused knew the identity of any of the persons who constitute the criminal organization.

• Marginal note:Factors

  (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

  • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

  • (b) frequently associates with any of the persons who constitute the criminal organization;

  • (c) receives any benefit from the criminal organization; or

  • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

Marginal note:Commission of offence for criminal organization

• 467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:Prosecution

  (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

Marginal note:Instructing commission of offence for criminal organization

• 467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

  • (a) an offence other than the offence under subsection (1) was actually committed;

  • (b) the accused instructed a particular person to commit an offence; or

  • (c) the accused knew the identity of all of the persons who constitute the criminal organization.

Marginal note:Sentences to be served consecutively

467.14 A sentence imposed on a person for an offence under section 467.11, 467.12 or 467.13 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

Marginal note:Powers of the Attorney General of Canada

• 467.2 (1) Notwithstanding the definition of “Attorney General” in section 2, the Attorney General of Canada may conduct proceedings in respect of

  • (a) an offence under section 467.11; or

  • (b) another criminal organization offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.

  For those purposes, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.

• Marginal note:Powers of the Attorney General of a province

  (2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.11, 467.12 or 467.13 or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

Marginal note:Notice

• 490.41 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.

• Marginal note:Manner of giving notice

  (2) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court;

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and

  • (c) set out the offence charged and a description of the property.

• Marginal note:Non-forfeiture of property

  (3) Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

• Marginal note:Factors in relation to dwelling-house

  (4) Where all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider

  • (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and

  • (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

Marginal note:Management order

• 490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, where he or she is of the opinion that the circumstances so require,

  • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (3) The power to manage or otherwise deal with property under subsection (1) includes

  • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

• Marginal note:Notice

  (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (6) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

• Marginal note:Order

  (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

• Marginal note:When management order ceases to have effect

  (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

• Marginal note:Application to vary conditions

  (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).

• Marginal note:To be drawn by clerk of court

  (3) The clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by where

  • (a) the array of jurors is not challenged; or

  • (b) the array of jurors is challenged but the judge does not direct a new panel to be returned.

• Marginal note:Where name not to be called

  (3.1) On application by the prosecutor or on its own motion, the court, or a judge of the court, before which the jury trial is to be held, if it is satisfied that it is in the best interest of the administration of justice to do so, including in order to protect the privacy or safety of the members of the jury, may order that, for the purposes of subsection (3), the clerk of the court shall only call out the number on each card.

• Marginal note:Juror and other persons to be sworn

  (4) The clerk of the court shall swear each member of the jury in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

• Marginal note:Drawing additional cards if necessary

  (5) Where the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until twelve jurors are sworn.

• Marginal note:Ban on publication, etc.

  (6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast in any way, if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

Marginal note:Excusing jurors

632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of

Marginal note:Stand by

633. The judge may direct a juror who has been called pursuant to subsection 631(3) or (3.1) to stand by for reasons of personal hardship or any other reasonable cause.

Marginal note:Calling jurors who have stood by

• 641. (1) Where a full jury has not been sworn and no cards remain to be drawn, the cards of those who have been directed to stand by shall be drawn again in the order in which their cards were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

• Marginal note:Other jurors becoming available

  (2) Where, before a juror is sworn pursuant to subsection (1), other jurors in the panel become available, the prosecutor may require the cards of those jurors to be put into and drawn from the box in accordance with section 631, and those jurors shall be challenged, directed to stand by, excused or sworn, as the case may be, before the jurors who were originally directed to stand by are called again.

Marginal note:Who shall be jury

• 643. (1) The twelve jurors whose cards are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged. Their cards shall then be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

• Marginal note:Same jury may try another issue by consent

  (2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.

• Marginal note:Questions reserved for decision in a trial with a jury

  (5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

• (iv) que l’infraction a été commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

• Marginal note:Power of court to delay parole

  (1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

• Marginal note:Power of court to delay parole

  (1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

“offence-related property”

« bien infractionnel »

“offence-related property” means, with the exception of a controlled substance, any property, within or outside Canada,

• (a) by means of or in respect of which a designated substance offence is committed,

• (b) that is used in any manner in connection with the commission of a designated substance offence, or

• (c) that is intended for use for the purpose of committing a designated substance offence;

Marginal note:Management order

• 14.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of offence-related property seized under section 11, or a judge in the case of offence-related property restrained under section 14, may, where he or she is of the opinion that the circumstances so require,

  • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (3) The power to manage or otherwise deal with property under subsection (1) includes

  • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

• Marginal note:Notice

  (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (6) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

• Marginal note:Order

  (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

• Marginal note:When management order ceases to have effect

  (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

• Marginal note:Application to vary conditions

  (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

Marginal note:Notice

• 19.1 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.

• Marginal note:Manner of giving notice

  (2) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court;

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and

  • (c) set out the offence charged and a description of the property.

• Marginal note:Non-forfeiture of real property

  (3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

• Marginal note:Factors in relation to dwelling-house

  (4) Where all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider

  • (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and

  • (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

• Marginal note:Regulations pertaining to law enforcement under other Acts of Parliament

  (2.1) The Governor in Council, on the recommendation of the Solicitor General of Canada, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations

  • (a) authorizing the Solicitor General of Canada, or the provincial minister responsible for policing in a province, to designate a police force within the Solicitor General’s jurisdiction or the minister’s jurisdiction, as the case may be, for the purposes of this subsection;

  • (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;

  • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;

  • (d) respecting the detention, storage, disposal or other dealing with any controlled substance or precursor;

  • (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

  • (f) prescribing forms for the purposes of the regulations.

Marginal note:References to prior enactments

61. Any reference in a designation by the Solicitor General of Canada under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.

• Marginal note:Personal consent of Attorney General

  (3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

Marginal note:Credits to Fund

31. The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

• (a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is

  • (i) proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code, obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and

  • (ii) forfeited to Her Majesty and disposed of by that Minister; and

• (b) any amount paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).

Marginal note:Possession

2.1 For the purposes of subsections 225(1) and (3) and 235(3), section 239.1 and subsections 240(1) and (2), where one of two or more persons, with the knowledge and consent of the rest, has anything in the person’s possession, it shall be deemed to be in the custody and possession of each and all of them.

Foreign Orders for Restraint, Seizure and Forfeiture of Property in Canada

Marginal note:Orders for restraint or seizure

• 9.3 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order for the restraint or seizure of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.

• Marginal note:Filing of order

  (2) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.

• Marginal note:Conditions

  (3) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that

  • (a) the person has been charged with an offence within the jurisdiction of the state or entity; and

  • (b) the offence would be an indictable offence if it were committed in Canada.

• Marginal note:Effect of registered order

  (4) On being filed,

  • (a) an order for the seizure of proceeds of crime may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code;

  • (b) an order for the restraint of proceeds of crime may be enforced as if it were an order made under subsection 462.33(3) of the Criminal Code;

  • (c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code or subsection 11(1) of the Controlled Drugs and Substances Act, as the case may be; and

  • (d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code or subsection 14(3) of the Controlled Drugs and Substances Act, as the case may be.

• Marginal note:Filing of amendments

  (5) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

Marginal note:Orders of forfeiture

• 9.4 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order of forfeiture of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.

• Marginal note:Grounds for refusal of request

  (2) The Minister shall refuse the request if he or she

  • (a) has reasonable grounds to believe that the request has been made for the purpose of punishing a person by reason of their race, sex, sexual orientation, religion, nationality, ethnic origin, language, colour, age, mental or physical disability or political opinion;

  • (b) is of the opinion that enforcement of the order would prejudice an ongoing proceeding or investigation;

  • (c) is of the opinion that enforcement of the order would impose an excessive burden on the resources of federal, provincial or territorial authorities;

  • (d) is of the opinion that enforcement of the order might prejudice Canada’s security, national interest or sovereignty; or

  • (e) is of the opinion that refusal of the request is in the public interest.

• Marginal note:Filing of order

  (3) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which all or part of the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.

• Marginal note:Deemed filing

  (4) An order that is filed under subsection (3) by an attorney general of a province is deemed to be filed by the Attorney General of Canada.

• Marginal note:Conditions

  (5) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that

  • (a) the person has been convicted of an offence within the jurisdiction of the state or entity;

  • (b) the offence would be an indictable offence if it were committed in Canada; and

  • (c) the conviction and the order are not subject to further appeal.

• Marginal note:Effect of registered order

  (6) From the date it is filed under subsection (3), subject to subsection (4),

  • (a) an order of forfeiture of proceeds of crime has the same effect as if it were an order under subsection 462.37(1) or 462.38(2) of the Criminal Code; and

  • (b) an order for the forfeiture of offence-related property has the same effect as if it were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, as the case may be.

• Marginal note:Filing of amendments

  (7) When an order is filed under subsection (3), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

• Marginal note:Notice

  (8) When an order has been filed under subsection (3),

  • (a) an order of forfeiture of proceeds of crime shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to any person who, in the opinion of the court, appears to have a valid interest in the property; and

  • (b) an order of forfeiture of offence-related property shall not be executed before

    • (i) notice in accordance with subsection 490.41(2) of the Criminal Code or section 19.1(2) of the Controlled Drugs and Substances Act has been given to any person who resides in a dwelling-house that is offence-related property and who is a member of the immediate family of the person charged with or convicted of the offence in relation to which property would be forfeited, and

    • (ii) notice in accordance with subsection 490.4(2) of the Criminal Code or subsection 19(2) of the Controlled Drugs and Substances Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Application of Criminal Code

  (9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code and subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property.

• Marginal note:Presumption

  (10) A person who is convicted of an offence in relation to which an order of forfeiture is issued by a court of criminal jurisdiction of a state or entity is deemed to be a person referred to in paragraph 462.41(3)(a) or 462.42(1)(a) of the Criminal Code.

• Marginal note:Seized Property Management Act applies

  (11) The provisions of the Seized Property Management Act apply in respect of all property forfeited under this section.

• Marginal note:Exception dans le cas d’une organisation criminelle

  (3) Par dérogation au paragraphe 120(1) de la Loi sur le système correctionnel et la mise en liberté sous condition, la cour martiale peut ordonner que la personne condamnée sur déclaration de culpabilité sous le régime de la présente loi pour une infraction d’organisation criminelle à une peine d’emprisonnement minimale de deux ans — y compris une peine d’emprisonnement à perpétuité à condition que cette peine n’ait pas constitué un minimum en l’occurrence — purge, avant d’être admissible à la libération conditionnelle totale, la moitié de sa peine jusqu’à concurrence de dix ans.

Marginal note:Object of Act

2. The object of this Act is to establish record-keeping requirements in the financial field in order to facilitate the investigation and prosecution of offences under subsection 462.31(1) of the Criminal Code.

“money laundering offence”

« infraction de recyclage des produits de la criminalité »

“money laundering offence” means an offence under subsection 462.31(1) of the Criminal Code.

• Marginal note:Return of seized currency or monetary instruments

  (2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the person from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code.

“judge”

« juge »

“judge” means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act.

• (a) seized under a warrant issued under section 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

• (b) subject to a restraint order made under section 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

Marginal note:Transfer of property

• 5. (1) Every person who has control of any property that is subject to a management order issued under subsection 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

• Marginal note:Power to manage

  (2) The power of the Minister in respect of any seized property that is the subject of a management order includes

  • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (2.1) Before the Minister destroys property that has little or no value, he or she shall apply to a court for a destruction order.

• Marginal note:Notice

  (2.2) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (2.3) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (2.3) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

• Marginal note:Order

  (2.4) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

• (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated offences, or any property that is or may be proceeds of crime or offence-related property;

• (a) the proceeds of disposition of

  • (i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

  • (ii) property that is or was the subject of a management order and that was forfeited pursuant to subsection 490(9) of the Criminal Code

  and the proceeds arising from the disposition of property by that foreign state, and

• (i) property forfeited to Her Majesty under subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) Act, or